Reblin v. Vista Financial Group 401(k) Plan et al Doc.

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Case 1:05-cv-02270-PAG Document 7 Filed 09/30/2005 Page 1 of 3

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO
EASTERN DIVISION, AT CLEVELAND

RICHARD REBLIN, : Case No. 1:05cv2270

Plaintiff, : Judge Patricia Gaughan

vs.
: Magistrate Judge Vecchiarelli
VISTA FINANCIAL GROUP 401(k)
: AGREED ENTRY AND FINAL
PLAN, HAROLD HOPKINS, LINDA JUDGMENT
HOPKINS, AND MARC B. MERKLIN, :
SPECIAL MASTER,
:
Defendants.

This Court has considered the pleadings filed and held a telephonic hearing on September

28, 2005.

The Court does hereby FIND: (1) that Marc B. Merklin, special master for Vista

Financial Group, Inc. (the “Special Master”) holds a check dated March 9, 2005, drawn on Circle

Trust Company for $120,285.83 (the “Check”), which represents assets of the Vista Financial

Group 401(k) Plan (the “Plan”); (2) that the Plan is subject to the Employee Retirement Income

Security Act of 1974, as amended (“ERISA”); (3) that the sponsor of the Plan, Vista Financial

Group, Inc., is insolvent, no longer functioning and cannot pay for the administrative expenses of

the Plan; and, (4) that the named fiduciaries of the Plan are Harold Hopkins and his wife, Linda

Hopkins (collectively the “Hopkins Parties”).

With the consent of the parties, the Court does hereby HOLD and ORDER, pursuant to

ERISA § 502(a)(3), codified at 29 U.S.C. § 1132(a)(3): (1) that as of the date of this order

Fidelity Management Trust Company (“Fidelity”), 82 Devonshire Street, Boston, MA 02109,

shall be substituted for the Hopkins Parties as the administrator and trustee for the Plan; (2) that

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 Case 1:05-cv-02270-PAG Document 7 Filed 09/30/2005 Page 2 of 3

the Hopkins Parties and the Special Master shall cooperate reasonably with Fidelity to provide

Fidelity with the information and documents in such parties’ possession or control necessary for

Fidelity to administer and wind up the Plan; (3) that Fidelity act as quickly as possible to wind up

and distribute the assets of the Plan to the Plan’s participants and beneficiaries; (4) that Fidelity

be substituted as the owner of all Plan assets in the custody or under the control of the Special

Master; (5) that the Hopkins Parties and the Special Master cooperate reasonably with Fidelity to

transfer Plan assets to Fidelity (and that Fidelity shall provide the name and address to whom the

Check should be delivered by the Special Master); and, (6) that Fidelity be entitled to payment of

its fees and expenses from the assets of the Plan. This is a final judgment entry that ends this

case on the merits, with each party to bear its own costs and attorney fees.

IT IS SO ORDERED AND ENTERED.

/s/ Patricia A. Gaughan

United States District Judge
9/30/05
Agreed to:

s/Jack F. Fuchs/s
Jack F. Fuchs, Esq. (0014197)
Counsel for Plaintiff Richard Reblin
Thompson Hine LLP
Suite 1400, 312 Walnut Street
Cincinnati, OH 45202
(513) 352-6700
Fax: (513) 241-4771
Jack.Fuchs@ThompsonHine.com

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 Case 1:05-cv-02270-PAG Document 7 Filed 09/30/2005 Page 3 of 3

s/Howard Groedel/s
Howard Groedel, Esq. (0058860)
Counsel for Harold and Linda Hopkins and the
Vista Financial Group 401(k) Plan
ULMER & BERNE LLP
1300 East Ninth Street, Suite 900
Cleveland, OH 44114-1583
hgroedel@ulmer.com
Phone: 216.931.6000
Fax: 216.931.6001

s/Marc B. Merklin/s
Marc B. Merklin (0018195)
Special Master
BROUSE McDOWELL
388 S. Main Street, Suite 500
Akron, OH 44311
mmerklin@brouse.com
Phone: (330) 535-5711
Fax: (330) 253-8601